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(영문) 부산지방법원 2018.08.16 2018고단2531
특수폭행
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 21, 2018, the Defendant is obliged to pay KRW 20 won more from the person who was under the influence of alcohol, from the E convenience store where the victim D (n, 26 years of age) of the Busan So-gu C victim D (n, 26 years of age) works as an employee.

“” to the victim of the horse who heard the horse “Is no dumo, fumo,”

Whether delivery has been made to the Republic of Korea, the snow light is in mind;

Barara, or reported to the police, the body of the victim is called "...................... the victim assaults plastic bags containing 2 bottles, which are dangerous things in hand, like the victim's eye, and they were flabed on the victim's left arms.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of CCTV photographs and photographs of damaged parts, and investigation reports (CCTV image verification)-related Acts and subordinate statutes;

1. Articles 261 and 260 (1) of the Criminal Act applicable to the facts constituting an offense (or choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 201Da1248, Apr. 1, 201

1. Where the degree of violence is minor (the 1, 6, and 7 types) in the mitigation area (4 months to 1 year and 2 months), the mitigation area (the special mitigation person) of the mitigation area (the 1, 6, and 7 types) is applicable to the sentencing criteria (the scope of the recommended punishment).

2. Although the defendant was unable to receive a letter of punishment from the injured party, the sentence should be imposed as ordered in consideration of the fact that the defendant has led to his confession of all crimes and has his mistake in depth, the fact that there is no record of crime other than the punishment twice by a fine, and the age, economic situation, etc. of the defendant.

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